Our firm’s construction, fidelity, and surety practices encompass the representation of contractors, developers, design professionals, sureties and other individuals and businesses in transactional matters and litigation. From helping clients to protect themselves through the pre-construction contracting process to serving as advocates in prosecuting claims or defending against claims, we offer comprehensive advice and representation that focuses on helping our clients achieve their business and financial objectives while mitigating any potential exposure to liability. We also assist clients in qualifying to do business in Louisiana and ensuring that proper construction licenses are obtained to bid and perform work in the State.
Construction
We have extensive experience representing clients involved in all aspects and all phases of the construction process. Our attorneys have been involved in all types of construction projects including commercial and public buildings, hospitals, industrial plants, condominiums, federal projects, roadways, sports venues and residential properties. From drafting contracts, providing advice on public contracting and bid challenges, negotiating appropriate financial protections into contractor and subcontractor agreements to initiating informal and formal dispute resolution proceedings to enforce our clients’ rights, we offer insightful advice and proactive representation for protecting our clients’ interests. We also routinely represent clients in additional types of construction-related litigation, including commercial disputes, labor and employment matters, and tort (personal injury and wrongful death) litigation.
Professional Liability
We represent design, engineering, management, and other construction industry professionals in all professional liability matters. Our professional liability practice includes the assessment and procurement of insurance coverage, lien and bond issues related to construction projects, insurance coverage disputes, and professional liability litigation. Our attorneys have extensive experience investigating and evaluating professional liability claims, and we utilize this experience to help our clients make informed decisions about insurance coverage, contract terms and claims resolution. While we represent all types of professionals, within the context of our construction, fidelity and surety practice, we have particular experience defending against claims involving:
- Architect and Engineer Liability
- Construction Manager and Consultant Liability
Licensed professionals that face professional liability claims can expose themselves to more than financial issues – their license could be at risk. In addition to defending clients in professional liability litigation, we provide skilled legal representation for state licensing board disciplinary proceedings as well.
Fidelity and Surety
Fidelity and surety matters are among the least-understood aspects of construction contracting, but they are also among the most important. At Simon, Peragine, Smith & Redfearn, we routinely advise and represent clients in a broad range of matters including:
- Liens and Privileges
- Payment and Performance Bonds
- Fidelity Bonds
- Miscellaneous Bonds
- Financial Institution Bonds and Commercial Crime Coverage
- Uniform Commercial Code (UCC) Filings
- Takeover Agreements
- Completion Contracts
- Indemnity Actions
- Miller Act Claims
When dealing with issues in these areas, bond and lien holders, sureties and other contracting parties must navigate a complex web of legal and regulatory requirements, and they must often do so within extremely short timeframes to protect their legal rights. Our attorneys know what measures are necessary, and we strive to take decisive action to efficiently and effectively protect our clients’ interests.